This is the website (“Website”) owned and run by Smart Express Private Limited (“Company”), a company incorporated and existing under the laws of India. In order to use this Website, You must agree, without any qualifications, to these terms and conditions including the Privacy Policy (collectively referred to as the “Terms”), which govern Your use of this Website. Please read these Terms carefully as they affect Your legal rights and obligations.
“Services” means the services made available on the Website that include but are not limited to information about the Company, details of Company’s products and services, user account creation and login, booking of shipment and tracking of booked shipment.
“You/Your/User(s)” means any natural or juristic person that opens, accesses, uses the Website and/or avails Services of the Company.
These Terms constitute a legally binding agreement between You and the Company. This Website is made available to You to access on the condition that You accept these Terms, without modifications and reservations of any of the terms as contained herein, and by accessing the Website, You represent and warrant that You have read and understood, and agree to be bound by these Terms and the Privacy Policy, which is incorporated herein by reference and made part of these Terms, without limitation or qualification. Use or access of any part of the Website constitutes unconditional acceptance of these Terms.
You shall ensure that prior to any third party accessing the Website through Your electronic device You shall cause such person to understand and accept the Terms contained herein.
If You do not understand the Terms herein, or do not agree to be bound by these Terms, You may not use or otherwise access this Website in any manner.
By using this Website, You represent and warrant that You are a resident of India, at least 18 (eighteen) years of age and are otherwise capable of entering into a contract under applicable laws. The Company will at all times assume, and by using this Website You warrant that You have the legal capacity to enter into the agreement set out in these Terms and such Terms will be legally enforceable against You to the maximum extent permitted by applicable law (i.e., that You are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). In any case, this Website is not intended for persons under 18 (eighteen) years of age. If You are under 18 (eighteen) years of age and/or are not an Indian resident, do not use this Website.
The Company reserves the right, in its sole discretion, without any obligation and without any prior notice requirement and for any reason, to change, improve or correct the Terms and to suspend and/or deny access to this Websiet or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise. Changes to the Terms will be effective as on the date they are posted. The Company may notify You in case of any such revisions to the Terms. Your continued use/access of the Website signifies Your acceptance of any revisions and explicit renewal of Your consent to such revisions. These Terms control the relationship between the Company and You. They do not create any third party beneficiary rights.
Subject to Your compliance with these Terms, the Company grants You the non-exclusive, non-transferable, non-sub licensable, revocable and limited right to use the Website. Your license to use the Website is limited by these Terms. Unless otherwise authorized, You may not use, copy, reproduce, modify, display, create derivative works of, sell, auction, distribute, transfer or disclose all or any part of the Website including, without limitation, any screenshots, videos, documentation or manuals relating to the Website. Any rights not expressly granted herein are reserved by the Company.
License Restrictions: Unless otherwise authorized by these Terms or the Company in writing, You shall not:
Sublicense to, transfer, network, transmit, distribute, or permit use of the Website by any third party;
Reverse engineer, decompile, or disassemble any aspect of the Website;
Transmit or communicate any data or commit any act that is unlawful, harmful, threatening, abusive, harassing, defamatory, demeaning, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable under law;
Publish, post or upload any content on the Website or with respect to the Website with an intent to cause any harm to the reputation of any brand/topics or in violation of any applicable law. In the event You upload, post or publish any content or information on the Website that is in violation with these Terms and/or the applicable law, you acknowledge that You shall be solely liable in respect of any such action;
Publish, post or upload any incorrect or inaccurate data/information on the Website;
Create or otherwise collect information about any other User/Company, without their prior written consent;
Transfer Your account, username and password to a third party without the prior written consent of the Company;
Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of the Company and/or any third party;
Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Include programs on the Website which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software, application or hardware or tele-communications;
Intentionally or unintentionally violate any applicable local, state, national or international law, in force from time to time relating to or affecting the Website;
Use the Website in any way for carrying out any other activity not permissible under any applicable law including any data protection laws.
This license shall automatically terminate if, in the sole determination of the Company, You have violated any of the restrictions set out herein and upon termination of the license, You must destroy any downloaded materials in Your possession in any format whatsoever including in electronic or printed format. Upon such termination, the Company reserves the right to retain the information provided by You during the course of Your use of the Website.
You may register Your account on the Website for availing the services provided thereon. As a part of the registration process, the Company may collect certain personally identifiable information about You and third parties. Such information refers to any information that identifies or can be used to identify, contact or locate a person, to whom such information pertains including, but not limited to the name, address, phone number, fax number, email address, financial profiles, identification number, credit card information, banking information etc. of such person (“Personal Information”). Accordingly, You will provide correct details in relation to Your and such third party’s Personal Information when prompted on the Website and Your failure to do so may invalidate Your request to use the Website or avail Services thereon and by giving Your details You agree to abide by the Terms and applicable Privacy Policy. You shall keep Your account and registration details current and correct for communications related to the Services availed by You. By agreeing to the Terms, You agree to receive all information relating to the Website, the Services offered thereon, all communication and instructions for availing special offers, newsletters, promotional benefits or otherwise in relation to the Website through email, SMS, WhatsApp message, phone calls, direct mail and other means of communication. You shall solely be responsible for the appropriate use of the same.
You shall have only 1 (one) active account and are prohibited from selling, trading or otherwise transferring the account to another party. If You use the Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your account. You shall be responsible for all activities that occur under Your account. You shall notify the Company immediately of any unauthorized use of Your account or any other breach of security. The Company reserves the right to alter or terminate accounts or remove or edit any content thereof in its sole discretion.
You authorize the Company and/or authorized third parties to retain the information shared or submissions made by You for the purpose of using the Website and availing Services thereon and for any marketing campaign of the Company and/or third party service providers.
At any point in time, You can choose to unsubscribe from the newsletters, e-mails or any other information and communication which You may receive from the Company.
User experience may vary depending on the type of the device and the operating system that You use and the Company accepts no responsibility for any lack of functionality due to Your equipment (including Your device, internet connection, operating system or settings and software).
You shall be responsible for paying all costs and expenses that You may incur while using the Website (including, but not limited to internet data service access charges). The Website shall use cookies to monitor the Website visitors and traffic and by agreeing to use the Website, You agree to use of cookies.
For Your convenience, the Company may provide interactive features on this Website, such as access to tracking and User comments. You are authorised to use these features solely for the purposes specified and for no other purposes.
The use of the Website and Services available thereon is subject to the accuracy and correctness of the information provided by You. In an event which is beyond the control of the Company, including but not limited to Acts of God including flood, earthquake, drought, famine, pandemic, war, rebellion, revolution, riot, strike, acts of terrorism, due to which the rendering of any Services or delivery of product(s) is delayed or the Services cannot be rendered or product(s) cannot be delivered, You shall not hold the Company liable and shall not initiate any action against the Company in any manner or claim any compensation/refund from the Company on account of such delay or failure in rendering Services or non-delivery of the product(s).
All reviews, comments, complaints, ratings, feedback or suggestions submitted on the Website (“Comments") shall be and shall remain the property of the Company. The Company is under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by You on the Website will not violate these Terms or any right of any third party. You further agree that no Comments submitted by You will contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, commercial solicitation, mass mailings or any form of "spam" and the Company shall have the right to remove any such Comments that are in violation of these Terms or the applicable laws. You hereby accept and acknowledge that the Company does not regularly review posted Comments. You further accept and acknowledge that the Company has the right to use the name that You submit in connection with any Comments and You have not used false information, impersonated any person or entity, or otherwise have misled the Company as to the origin of any Comments You submit. You are and shall remain solely responsible for the content of any Comments You make and the Company and its affiliates take no responsibility and assume no liability for any Comments submitted by You or by any third party on Your behalf.
You further acknowledge and accept that the Comments submitted by other customers are their independent views and shall not be considered, construed or understood as the Comments of the Company. You shall rely, act or trust the correctness or accuracy of such Comments solely at your own risk and shall not hold the Company responsible or liable in respect of such Comments.
The Website may contain (i) some hyperlinks which may lead You out of the Website; and/or (ii) certain advertising and promotional content which is owned by third parties. Such information on the Website or contained in any websites linked from the Website, has not been reviewed by the Company for accuracy or legal sufficiency. The Company is not responsible for the contents of such third parties, any such external hyperlinks, and references to any external links should not be construed as an endorsement of the links or their content by the Company. Use of such hyperlinks and third party content contained therein and other sites is entirely at Your own risk. We do not make any representations or warranties about any such sites or content that You may access through the Website. Further, such third party sites are not covered by our Privacy Policy and the information usage practices at such sites may be different from the Privacy Policy of the Company. The privacy policies of such third party sites should be consulted before submitting any Personal Information, as the Company is not responsible for and has no control over the manner in which such sites collect, use, disclose, or otherwise process Your Personal Information.
Your privacy is important to us. To better protect Your privacy, the Company provides a Privacy Policy explaining the online information practices and the choices You can make about the way Your Personal Information is collected, handled, dealt with and used at or in connection with this Website. By accepting these Terms, You shall also be deemed to have accepted the terms of this Privacy Policy. The Company values the importance You attach to Your Personal Information given to the Company and therefore the Company has taken all reasonable measures and precautions to (i) keep such information safe and secure and to prevent any unauthorized access to or misuse of the same; and (ii) enable You to review and edit the same.
You may need to provide Us with Your Personal Information during the course of using the Website and for availing Services. You are giving us Your unconditional consent to the collection, storage and use of Your Personal Information as set forth in this Privacy Policy.
We collect only such Personal Information that is believed to be relevant and is required to understand Your interests and to provide Services to You. We collect Your Personal Information in order to record, support and facilitate effective rendering of Services; to provide You with a customized Website experience; to notify You of any updated information and new offers and other related functions offered by the Company; to assist You with customer service or technical support issues; to follow up with You in relation to the Services availed by You; to otherwise support Your relationship with the Company; or for such other purposes as the Company may deem fit to prevent fraud and unlawful use of the Website.
We do not trade, sell or transfer Your or any third party Personal Information in any manner, except as specified herein to which You expressly consent. You acknowledge, consent and agree that the Company may access, preserve and disclose Your Personal Information if required by law or in good faith, if the Company believes that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to Your requests for customer service; or (v) to protect the rights, property, or personal safety of the Company, its other customers and the public.
Personal Information provided by You is used only:
to facilitate Your use of the Website and to render Services availed by You;
to respond to Your inquiries or fulfil Your requests for information about the various Services;
to provide You with information about the Services, newsletters and offers;
to send You important information regarding the Website, changes to the Terms of the Website and policies and/or other administrative information;
to send You surveys and marketing communications that the Company believes may be of interest to You;
to help You address Your problems with the Website;
for proper administration of the Website;
to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to the Website);
to improve the Services or the content on the Website;
to protect the integrity of the Website and the Company.
Some of Your Personal Information may be shared with and used by third parties who shall need to have access to such information, such as credit card processing companies, etc. to enable them and the Company to perform their duties and fulfil Your Service order requirements. We do not allow any unauthorized persons or organization to use any Personal Information that the Website may collect from You. However, the Company is not responsible for any information including Personal Information collected or shared or used by any other third party website due to Your browser settings. Further, under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications or may abuse or misuse Your information that they collect from the Website. Although the Company uses industry standard security practices to protect Your privacy, the Company does not promise, and You should not expect, that Your Personal Information or private communications would always remain private.
When You use the Website, We may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), browser type and language, viewed and exit pages. We use this information to better understand our users' operating systems, for system administration and to audit the use of the Website. We do not use this data to identify the name, address or other personal details of any individual.
Notwithstanding anything contained in this Privacy Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A "Force Majeure Event" shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, pandemic, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption.
You acknowledge that apart from Your Personal Information, any information or content provided by You in furtherance of any schemes/ promotional offers, shall be used, accessed, preserved and disclosed by the Company in accordance with and for the purposes set out in these Terms and this Privacy Policy.
When You use the Website, certain information may be stored locally on Your device using “cookies” or similar technologies. A cookie is a piece of data that is sent to Your device, which stores the cookie if web browser of Your device is enabled to accept cookies. We use cookies to customize Your experience on the Website. Most devices will allow You to erase cookies from Your device’s storage, block acceptance of cookies, or receive a warning before a cookie is stored. If You block cookies, some portions of the Website may not function properly.
We do not control cookies in third party content, and We encourage You to check the privacy policies of these third parties to learn about their use of cookies, web beacons, and other technology. We may also use a third party advertising company to display advertisements on the Website. These companies may use information about Your usage to this Website, in order to provide advertisements on the Website about goods and services that may be of interest to You.
If You have consented to the collection, use and/or disclosure of Your Personal Information as identified in the Privacy Policy, You may withdraw the same by communicating to the Company, in writing, at the email address mentioned herein below.
Following registration, You can review and change the Personal Information You have submitted during registration. If You change any such information, the Company may keep track of Your old information. You can change Your registration information such as Your email address, address of service, phone number etc.
We will retain in our files, the information You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce these Terms. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, You should not expect that all of Your Personal Information would be completely removed from our databases in response to Your requests.
This Website is not intended for use by minors, and thus the Company does not knowingly collect personal data from minors. If the Company becomes aware that a minor has registered or used the Website without approval, the Company has the right to expunge any related Personal Information of such minor from our records and cancel the account, if any.
We strongly encourage parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment.
This Website and any content or materials incorporated by the Company on this Website including, without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audio visual works, designs, logos, software and any other content, (collectively referred to as “Material”) are protected by copyrights, patents, trade secrets or other proprietary rights owned by or licensed to the Company, authorized third parties and/or its licensors (“Copyrights”). Some of the logos or other images incorporated by the Company on this Website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or licensed to the Company or other third parties and/or its licensors (“Trademarks”). The Company respects the intellectual property rights of others and asks the Users of this Website to do the same. Using or accessing the Website for any purpose does not give You any ownership of any intellectual property rights in our Website, the Material, Copyright or Trademarks.
Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the Material and any other content provided on the Website, without the consent of the Company may subject You to infringement actions by the Company or third party providers, as the case may be.
Your right to make use of this Website and any Material and any content appearing on it is subject to these Terms. Modification or use of the Material or any other content on this Website for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks and may be prohibited by law.
You may access, display, copy and use the Material for non-commercial and personal use.
You understand that by using the Website, You may be exposed to materials that You may consider to be offensive or objectionable. You must evaluate, and bear all risks associated with the use or disclosure of materials found on the Website. The Company shall have no liability for content that may be deemed offensive, indecent, or objectionable to You.
We respect the intellectual property rights of others and expect users of the Website to do the same.
The Company has no control over content posted by any User, and You acknowledge and agree that the Company shall not be responsible for the accuracy or availability of such content. The Company neither endorses nor is responsible or liable for any such content that appears on the Website. The Company shall have the right (but not the obligation) to delete, remove, monitor, or edit any content posted by a user and block links to the Website through technological or other means without prior notice. The Company also reserves the right to terminate access to the Website if it believes that You are posting infringing or objectionable material on the Website.
THE COMPANY DISCLAIMS ANY AND ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE(S) AND OTHER CONTENT ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE ON THE WEBSITE OR ANY WEB SITES LINKED TO THE WEBSITE OF THE COMPANY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEB SITE/ APPLICATION WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEB SITE/APPLICATION. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby indemnify, defend and hold harmless the Company and all persons claiming under the Company from and against any and all losses, claims, demands, liabilities, charges, penalties, fines, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from Your breach of any of the provisions mentioned in these Terms, Your breach of representations or warranties, Your breach of applicable laws including but not limited to GST Acts (defined below), proceedings that may be instituted by any government officials in discharge of their official duties including customs/GST inspection, and/or infringement by You of Materials, Copyrights and/or Trademarks or Your violation of the rights of any third party.
If You choose to access the Website from any location outside India, You do so on Your own initiative and at Your own risk and the Company makes no representation that the Materials or the content on the Website are appropriate or available at any such location, territories and protectorates. In such a case, You are responsible for complying with local laws, if and to the extent local laws are applicable. You shall comply with all applicable laws including all data protection laws concerning the transmission of technical data exported from India or the country You reside in.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) sending unsolicited emails, including promotions and/or advertising of Services; (d) hyperlinking the Website to any other website. Violations of the security of the Website may result in civil or criminal liability as per applicable law. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting a User who is involved in such violations. You will not use any device, software to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
This Website is published, controlled, owned and operated by the Company. All communication to the Company should be directed over phone to 18602101999, or over email to the registered email address – support@smartr.in or over mail to Smart Express Private Limited, S-268, LGF, Greater Kailash 1, New Delhi 110048, India
These Terms shall be governed by, construed and enforced in accordance with the laws of India. You hereby consent and submit to the exclusive jurisdiction of the competent courts of Mumbai, India for any action however so arising out of these Terms.
By tendering materials for shipments via the Company, it is deemed that You agree to the terms and conditions stated therein.
The Company Waybill is non-negotiable and You acknowledge that it has been prepared by You or by the Company on Your behalf.
The responsibility of the Company for a shipment accepted under a Waybill cease when the receiver of the shipment (“Receiver”) acknowledges the receipt of the shipment by affixing his signature on the Return to Origin copy and/or the delivery sheet.
All shipments under the Waybill are carried at owner's risk.
You warrant that You are the owner or the authorised agent of the owner of the goods transported through the Company, and that You hereby accept these Terms for Yourself and/or as an agent for and on behalf of any other person having any interest in the shipment.
You warrant that each article in the shipment is properly described on the Waybill and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force and has not been declared by the Company to be unacceptable for transport as specified below and that the shipment is properly marked and addressed and packed to ensure safe handling. You agree that the Company and/or its service providers have a right to contact You and/or the Receiver for the purpose of feedback or any query related to the shipment on the contact details provided by You.
You shall be solely liable for all costs and expenses (which shall without limitation include Goods and Services Tax (“GST”) and import duties related to the shipments under applicable laws and for costs incurred either in returning the shipment to You or warehousing the shipment pending such return. GST shall mean goods and services tax under any of the ‘Central Goods and Service Tax Act’ (CGST) or ‘Integrated Goods and Service Tax Act’ (IGST Act) or ‘State Goods and Service Tax Act’ (SGST Act) or ‘Union Territory Goods and Service Tax Act’ (UTGST Act) (collectively referred to as the “GST Acts”), as may be applicable including rules/amendments notified thereunder from time to time.
You accept the condition that the shipment is being carried by the Company from point of rendering only up to the address shown on the Waybill and, in case the shipment has to be rerouted/redirected/returned for any reason whatsoever, You shall pay in advance all charges levied by the Company for such rerouting/redirection/return as per the normal schedule of the Company, as also any GST, import duties etc. applicable thereon. The Company shall hold such shipments at destination mentioned on the Waybill for maximum period of 30 (thirty) days from the date of shipment. Thereafter, the Company reserves the right to destroy the shipment without informing You, and You hereby indemnify and agree to hold harmless the Company against any claim or liability arising out of the same.
GST E-way bill is an electronic waybill for movement of goods which is generated from GSTIN (common portal). You should ensure compliance as prescribed under GST Acts based on the shipment value. Any non-compliance in generation of E-way bill by You may result in delay in delivery/non-delivery of shipments booked, for which the Company shall not be liable in any manner whatsoever.
Notwithstanding anything else stated in these Terms, packing of the material rendered for the shipment is Your responsibility, including placement of such material inside the container, if any, supplied by the Company.
Chargeable Weight
11.1. Every shipment shall be charged by its chargeable weight, as defined hereunder, and not the actual weight. The “chargeable weight” shall be the higher of:
The actual weight rounded off to the next higher half kg or 1 (one) kg as per the rate category agreed to, or
The volume weight similarly rounded off as in (a) above.
11.2. You, or the Receiver when the Company acts on Receiver’s behalf, shall pay or reimburse the Company for all shipment or other charges due, or customs duties owed for Services provided by the Company or incurred by the Company on Your or the Receiver’s behalf. Payment of customs duties may be requested by the Company prior to delivery.
Lien on Goods Shipped
12.1. You acknowledge the Company’s right of lien on its shipments for any outstanding freight, any other applicable charges, Central, State and local taxes, duties, levies, advances arising out of transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipments carried pursuant to the Services provided by the Company and the Company may refuse to surrender possession of the shipments until all such charges are paid.
12.2. If such charges are not paid to the Company within 10 (ten) days, then the Company may store the goods at Your or Receiver’s own risk, as applicable.
12.3. The Company further reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to the Company’s other legal remedies to recover its costs, charges and expenses, if the charges as indicated aforesaid are not paid by You or the Receiver within 10 (ten) days.
12.4. The Company does not carry any perishable goods. However, in case of perishable goods being shipped, the Company shall have the right to dispose off/sell the goods immediately and without any notice and You hereby indemnify and agree to hold harmless the Company against all claims, charges and expenses incurred by the Company due to such perishable goods entering into the network of the Company.
12.5. If the Receiver refuses delivery or to pay on delivery, or the shipment is deemed to be unacceptable, or it has been undervalued for customs/GST purposes, or Receiver cannot be reasonably identified or located, the Company shall use reasonable efforts to return the shipment to You at Your cost, failing which the shipment may be released, disposed off or sold by the Company without incurring any liability whatsoever to You or anyone else. The proceeds shall be applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to You after adjusting outstanding dues, if any.
Limitation of Liability
13.1. The liability of the Company for any loss or damage to the shipment (which shall include all documents or parcels shipped through the Company), shall be the lowest of INR 5,000/- in case of domestic shipment and USD 100 in case of International shipment.
13.2. The amount of loss or damage to the document or parcel actually sustained for shipments which are not insured and the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to You.
13.3. The actual value of the document or parcel shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of shipment, but under no circumstance shall exceed INR 5,000/- in case of domestic shipment and USD 100 in case of international shipment.
13.4. In the event of any loss or damage to shipments, which are insured by You, the Company may at Your request, issue loss/damage/shortage certificate with the sole purpose of enabling You to lodge insurance claim with Your insurance company. You agree and acknowledge that the loss/shortage/damage certificate will be issued by the Company, without admission of any claim and that the Company shall be discharged of all liabilities, if any arising out of the shipment on acceptance of the loss/damage/shortage certified by You.
13.5. Notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
13.6. The Company shall not be liable for any loss or damage to the shipment or a delay in picking up or delivering shipment if it is caused by:
A Force Majeure Event;
Your, the Receiver’s or any third party’s fault, omission/commission of any act or any other party claiming an interest in the shipment (including violation of any terms or conditions thereof).
Carriers such as airlines, or airways not adhering to schedule for any reason whatsoever.
Government officials in discharge of their official duties such as customs/GST inspection etc.
The nature of the shipment or any defects, characteristics, inherent vice, thereof.
Electrical or magnetic injury, erasure or other such damages to photographic images or recording in any form.
13.7. Notwithstanding the foregoing, whilst the Company will endeavour to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, the Company SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.
13.8. The Company does not assume any liability for any errors and/or omissions in any information/data which is imparted in respect of the shipment travelling under the Waybill.
The Company’s right of inspection of shipment
14.1. The Company has the right but not the obligation to open and/or inspect any shipment.
14.2. The Company reserves the right to refuse shipments not conforming to these Terms without assigning any reason whatsoever.
Insurance: While the Company has developed a sophisticated tracking system for all shipments carried in the network and has experienced manpower to handle all shipments, You may, if You so desire, insure Your shipments at Your own costs.
Taxes: All taxes such as GST and other statutory payments levied on the shipments are to be borne by the Receiver and in his absence the same will be borne by You. The Company shall not extend any credit for GST and other statutory charges.
Claims
17.1. Any claim in respect of a shipment under these Terms shall be brought by You and delivered in writing to the office of the Company nearest to the location at which the shipment is accepted, within 30 (thirty) days of the date of such acceptance and no claim can be made against the Company beyond the expiry of the period of 30 (thirty) days.
17.2. No claim for loss or damage will be entertained until all charges have been paid to the Company. The amount of any such claim will not be deducted from any transportation charges owed to the Company.
Materials not acceptable for carriage
18.1. Except as per the written agreement between You and the Company, the Company shall not carry materials:
classified as hazardous material, dangerous goods, and prohibited, banned or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.
not permitted by the laws/rules/restrictions in force or in respect of which no customs declaration is made when required by applicable customs regulations and/or any other relevant laws.
in respect of which the Company decides that it cannot transport an item safely or legally (such items include but are not limited to animals, bullion, currency, bearer negotiable instruments, share certificates and blank shares, precious metals and stones, firearms or parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs). Details of the aforesaid items are available in all Company offices on request and also available on the website www.smartr.in
Custom Clearance for International Shipments
19.1. By tendering the shipment to the Company, You appoint the Company as Your agent to perform all customs clearance on Your behalf and the Receiver and to furnish all information and documentation required for this purpose.
19.2. You will be responsible for compliance with all export, import, re-export, and all applicable laws, rules and regulations of any country from, to and over which the shipment will be forwarded, and for all applicable documentation pertaining to the shipment. You will be responsible for any fines, duties, levies that may arise from non-compliance or violation of any laws, rules and regulations.
19.3. The Company may, on Your behalf, complete any documents, amend product or service codes and pay any duties or taxes required under the applicable laws and regulation, in order to provide its services to You and the Company assumes no liability to You or any other person for any losses or expenses due to failure to comply with this provision.
If any provision of these Terms shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between the Company and the User.
Your relationship with the Company is on a principal to principal basis. Your use of the Website shall not be construed to be nor shall You claim in future, a relationship of employer and employee, or principal or agent or any other similar relationship, between You and the Company and You are not authorized to make any representation, contract or commitment to any third party on behalf of the Company.
Your acceptance of these Terms shall be deemed to be your acceptance of the terms set out herein and other terms and conditions prescribed by the Company from time to time.